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How will two L-1 visa rejections impact an EB-5 direct application?

I am the owner of a Brazilian company and I founded another based in Chicago in 2005. I have had ups and downs with the U.S. business and had up to five full-time employees. Currently I have one full time and one part time employee. Our gross revenue is in the 500,000 to $1 million per year. I applied for the L-1 visa and was rejected, and appealed and was rejected again. Will the fact that I have had two L-1 visa rejections affect my EB-5 eligibility if I apply? What requirements will I have to meet if I apply for the EB-5 visa?

Answers

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    Two L-1 rejections will not affect an I-526 petition. The requirements for EB-5 are different from the L-1 nonimmigrant visa. You should consult with an experienced EB-5 immigration attorney who can advise you whether or not EB-5 is right for you.

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    Ed Beshara

    Immigration Attorney
    Answered on

    The denials of L-1 petitions will not affect the filing and approval of the EB-5 petition. Your EB-5 personal investment can be in your own direct EB-5 business (requiring 10 full time employees) or in a regional center EB-5 business (managed by a separate group and creating indirect jobs).

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    John J Downey

    Immigration Attorney
    Answered on

    Your previous rejection for L-1 should not impact your EB-5 petition. You need to invest either $1 million or $500,000 depending on the area of investment and create 10 new jobs to qualify for EB-5 approval.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    It appears that L-1 extension was denied due to the very small number of employees in your Chicago office at the time of the visa extension. However, as L-1 is a non-immigrant visa category, the denial of that extension should not interfere with the EB-5 visa, which is an immigrant visa category, unless there is some allegation of misrepresentation or fraudulent information on previous applications as the basis for denial. I do note, however, that if you are trying to do the EB-5 process with the same business and the investment you have previously made in the L-1 application, you may not be successful as it appears that the L-1 was denied due to the lack of the business viability, which could be the same for the EB-5 business aspect.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    It will not affect the I-526 process and is unlikely to affect the green card application process, as the L-1 is a nonimmigrant visa and the EB-5 is an immigrant visa.

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    Stephen Berman

    Immigration Attorney
    Answered on

    It should not be relevant at all. The requirements are completely different. The requirements are to invest $1 million and create 10 new jobs.

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    Dawei Gongsun

    Immigration Attorney
    Answered on

    No, it should not. As long as you are not using the same business for L-1 for EB-5 direct investment immigration.

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    Parisa Karaahmet

    Immigration Attorney
    Answered on

    Prior L-1 denials will not impact an EB-5 filing so long as there was no finding of fraud or misrepresentation.

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    Daniel P Hanlon

    Immigration Attorney
    Answered on

    This would depend on the reason(s) the L-1A petition was denied and the appeal dismissed.

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    Vaughan de Kirby

    Immigration Attorney
    Answered on

    As long as there is no allegation of fraud, your two L-1 rejections should not impact your EB-5. For the requirements on your EB-5, I recommend you consult with an experienced investment immigration attorney.

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